Sargent v Mistry [2011] NZLLA 1418 (28 November 2011)

Last Updated: 12 December 2011

[2011] NZLLA 1418

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension or cancellation of General Manager’s Certificate number 046/GEN/0058/09 issued to JAYSHUKHLAL MISTRY

BETWEEN STEPHEN DENNIS SARGENT

(Police Officer of Porirua)

Applicant

AND JAYSHUKHLAL MISTRY

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us an application by Senior Sergeant S D Sargent of Porirua Police dated 27 April 2011, for suspension or cancellation of a General Manager’s Certificate held by Jayshukhlal Mistry, following a controlled purchase operation conducted on Friday 8 April 2011.

The ground for the application is that the manager has failed to conduct the licensed premises in a proper manner in that he sold liquor to a person under the age of 18 years in breach of the provisions of s.155 of the Act.

The respondent does not dispute the ground for the application and he has agreed to cancellation of his manager’s certificate stating that he no longer wishes to be employed in premises in which liquor is sold. Accordingly, we make the following order by consent:

General Manager’s Certificate number 046/GEN/0058/09, issued to Jayshukhlal Mistry, is hereby cancelled.

DATED at WELLINGTON this 28TH day of November 2011

M Langworthy
Deputy Secretary Jayshukhlal Mistry.doc(ab)